Estate of Terry [2012] NSWSC 927

Estate of Terry [2012] NSWSC 927

A limited grant of letters of administration ad litem was appropriate to enable the plaintiff to continue the deceased's existing District Court proceedings, but no grant should be made for a proposed family provision application because no such application had yet been commenced and s 91 of the Succession Act 2006 applies only once such an application is made.

Jurisdiction
Australia
Judgment Date
14 August 2012
Procedural Posture
Application for Letters of Administration Ad Litem / In Chambers Application Referred by the Registrar
Outcome
Letters of administration ad litem granted for the purpose of continuing the District Court proceedings; proceedings referred to the Registrar to complete the grant.
Legal Topics
['letters of Administration Ad Litem' 'family Provision Claim' 'continuation of District Court Proceedings After Death' 'intestacy' 'limited Grant of Administration']
['wills, Probate and Administration' 'succession Law'] ['letters of Administration Ad Litem' 'family Provision Claim' 'continuation of District Court Proceedings After Death' 'intestacy' 'limited Grant of Administration']

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Procedural Posture

Application for Letters of Administration Ad Litem / In Chambers Application Referred by the Registrar

Legal Issues

  1. 1 ["Whether letters of administration ad litem should be granted to the deceased's brother to continue medical negligence proceedings commenced by the deceased in the District Court." "Whether letters of administration ad litem should be granted before commencement of a family provision application on behalf of the deceased's daughter."]

Ratio Decidendi

A limited grant of letters of administration ad litem was appropriate to enable the plaintiff to continue the deceased's existing District Court proceedings, but no grant should be made for a proposed family provision application because no such application had yet been commenced and s 91 of the Succession Act 2006 applies only once such an application is made.

Court Disposition

Letters of administration ad litem granted for the purpose of continuing the District Court proceedings; proceedings referred to the Registrar to complete the grant.

Orders

  • ['Letters of administration ad litem of the estate of the late Shannan Caroline Terry of [xxx xxxxxxx xxxxxx], Wagga Wagga, NSW 2650 be granted to the plaintiff, Travis Donald Terry, for the purpose of continuing proceedings in the District Court, Wagga Wagga Registry, No. 2009/339849 between the deceased as...